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Opinions April 28, 2023

April 28, 2023

Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.

New Grant Co. judge Foust to take the bench Monday; judge pro tem revoked

April 28, 2023 | IL Staff

The appointment of a new judge to Grant Superior Court 2 following Judge Dana Kenworthy’s ascension to the Court of Appeals of Indiana means a judge pro tempore can be relieved of her duties.

Double jeopardy rights weren’t violated in aggravated battery case, but credit was miscalculated

April 28, 2023 | Tyler Fenwick

A man convicted for the death of his infant son didn’t have his double jeopardy rights violated when both of his charges were elevated to Level 1 felonies. But the appellate court reversed the man’s sentencing order for an improper calculation of credit.

SCOTUS once again considering challenge to IN fetal disposition abortion law

April 28, 2023 | Olivia Covington

Today’s conference of the U.S. Supreme Court is scheduled to include discussion about whether the justices should once again consider a case challenging a law governing the disposal of aborted fetal remains in Indiana.

Illuminated blue lights ‘on’ private vehicles are only for volunteer firefighters, COA rules

April 28, 2023 | Alexa Shrake

Writing on a “clean slate,” the Court of Appeals of Indiana has affirmed a finding that a man who had blue lights on the inside of his car committed an infraction.

COA: INDOT immune from liability in woman’s traffic death at Hendricks Co. intersection

April 28, 2023 | Tyler Fenwick

The Indiana Department of Transportation is immune from liability in a case involving a woman killed in a collision at an intersection, the Court of Appeals of Indiana has affirmed.

Woman’s 30-year manslaughter sentence appropriate, COA affirms

April 28, 2023 | Daniel Carson

A woman’s 30-year sentence for voluntary manslaughter is appropriate given the nature of the offense and her criminal history, the Court of Appeals of Indiana affirmed Friday.

Protection order properly dismissed after transfer, COA affirms

April 28, 2023 | Olivia Covington

A magistrate judge did not err in dismissing a protection order previously granted by a different court, the Court of Appeals of Indiana has affirmed.

Indiana receives $136M from tobacco settlement

April 28, 2023 | Wes Mills, Inside INdiana Business

Indiana continues to receive annual payments from the tobacco industry as part of a master settlement agreement first reached in 1998 with 46 states. Attorney General Todd Rokita’s office said the state last week received a $136 million payment.

Noblesville middle school shooter ordered to stay in custody

April 28, 2023 | Associated Press

A judge ordered a former student who opened fire at an Indiana middle school in 2018, wounding another student and a teacher, to remain in custody after a corrections employee said Thursday that he “fist-bumped” her breast.

Indiana bill could make book banning in schools easier

April 28, 2023 | Associated Press

Indiana lawmakers on Thursday gave their final approval to a bill that could make it easier to ban books from public school libraries.

School funding worries lead to late Indiana budget boost

April 28, 2023 | Associated Press

Republican legislators pushed through a new state budget plan early Friday that greatly expands eligibility for Indiana’s private school voucher program after they added money for traditional schools.

Pence testifies before election probe grand jury: AP source

April 28, 2023 | Associated Press

Former Vice President Mike Pence testified Thursday before a federal grand jury investigating efforts by then-President Donald Trump and his allies to overturn the results of the 2020 presidential election, according to a person familiar with the matter.

7th Circuit again reverses judgment for sex offenders who challenged registration requirement

April 27, 2023 | Tyler Fenwick

Requiring sex offenders who are already subject to registration elsewhere to also register in Indiana rationally promotes public safety, the 7th Circuit Court of Appeals has ruled in reversing a district court’s judgment.

Fort Wayne schools sue top social media companies for alleged harm to students’ mental health

April 27, 2023 | Alexa Shrake

Fort Wayne Community Schools has filed a public nuisance lawsuit against the world’s top social media platforms, claiming their apps are harming students’ mental health.

7th Circuit asks IN Supreme Court to consider dispute about corporate contributions to PACs

April 27, 2023 | Tyler Fenwick

The 7th Circuit Court of Appeals is asking the Indiana Supreme Court to consider whether state law prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.

DCS contract attorney pilot program kicked to study committee

April 27, 2023 | Tyler Fenwick

Republican lawmakers have removed a controversial portion of their state budget legislation that would have replaced Indiana Department of Child Services attorneys with contractors in two regions.

Man did not have standing, suffer concrete injuries in debt collection case, 7th Circuit affirms

April 27, 2023 | Daniel Carson

An Indiana man did not have standing to sue a collection agency and the company’s letters did not cause him any concrete injury, a split 7th Circuit Court of Appeals ruled Wednesday.

fees

Governor, other top elected officials see large pay raises in budget

April 27, 2023 | Indiana Capital Chronicle

The state’s top elected officials would see a big pay raise under new salary language included in the latest budget proposal.

Opinions April 27, 2023

April 27, 2023

7th Circuit Court of Appeals
Brian Hope, et al. v. Commissioner of Indiana Department of Correction, et al.
22-2150
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Richard L. Young.
Civil. Reverses the district court’s grant of summary judgment for plaintiffs. Finds requiring offenders who are already subject to the burdens of registration elsewhere rationally promotes public safety through the maintenance of a sex-offender registry that is as complete as the Indiana Constitution permits.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

  • If approved, Terre Haute hospital merger would be the last under state law

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